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MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......and the extent to which any of these in turn would or would not fall within the purview of the London Agreement. Significant also is the fact that the letter declares MAI’s displeasure with the terms on which the London Agreement appears to have been framed. It is in this context of the conten......ial Original Jurisdiction) Present: Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......ring for all the petitioners, after taking us through the impugned order and other relevant papers appended to the petitions, mainly argued that the petitioners had never fulfilled two consecutive terms as elected member of the Managing Committees of the Sonar Bangla Samobai Cotton Mills Ltd in ......d. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. ..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......and a neighbour of the informant. Informant has two daughters and two sons. The eldest daughter has been married elsewhere and the present victim used to remain at home. This appellant had visiting terms at the house of the informant and beyond the knowledge of all this convict grew intimacy with...... Criminal Appeal No. 2970 of 2006. Judgment Md. Arayesuddin J. - Convict-appellant Md. Kamal Hossain alias Md. Kamal Pramanik has preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......s aggrieved (1) by any decision of a Court or tribunal established under a law relating to the defence services unless that decision is coram non judice or malafide; or (II) by an order affecting his terms and conditions of service, passed by or by order of the President; or (III) by any violation o...... 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......mbers and between one
member and all the other members. When ship owners enter one of their ships in
a P&I club there comes into being a policy of marine insurance relating to
that ship on the terms of the club's rules.
The rules of most, if at all, P&I clubs
contain what is commonl......
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:
The
Appl..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
...... Result of Y-Chromosome Analysis is always taken to be infallible and the result shows that the four male children do not share a common biological father.
23. The Rule was not issued in the terms of Article 102 (2) (b((i) of the Constitution, but this Court can exercise such power when som......)
Present:
Syed Mahmud Hossain J
Farid Ahmed J
Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner
Vs.
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Result:&nb..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
......e an
order on the company for production of such document as in its opinion may
reasonably be required by the Registrar for his investigation and allow the
Registrar for inspection thereof on such terms and conditions as it thinks fit.
(4) On receipt of such information or
explanation, the ......n
(Special
Original Jurisdiction)
Present:
AFM
Abdur Rahman J
SM
Emdadul Hoque J
AKM Kamruzzaman Khan …………Petitioner
Vs.
Registrar, Joint Stock Companies and Firms
Dhaka and 6 others …………Respondents
Judgment
August 12, 2008.
Resul..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....t is an interim government meaning that they cannot do what an elected government can do. They will perform only the routine day to day functions of such government. The country is passing through an extraordinary time in the absence of an elected government. Under the scheme of the Constitution not......s clearly set down through the provisions of the Supreme Judicial Council, the procedure for removal of the judges of the Supreme Court but the procedure for appointment has been dealt within broader terms and manner in Articles 94, 95, 97 and 98 of the Constitution. 10. The Ordinance was publ...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......th to the A.C.C.; that he was the son of Ex-Prime Minister late M. Mansur Ali, a great hero and organizer of Bangladesh Liberation War, 1971; that he was an elected Member of Parliament for four terms and also a Minister of Home, Post and Telecommunications and Housing and Works during the G......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
.... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
......mals of land allotted to one Mustafa Younus Noor, M.A. Matin, Md. Shafi Ahmed, Md. Shamsuddin, and Dilruba Jahan and accordingly executed the lease deed in favour of those persons and as per the terms of agreement the defendant kept one plot for the plaintiff. The plaintiff also wrote......Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......learly lays down that the provision of the Code shall not affect any special form of procedure prescribed by any special or local law. So, when section 30(1) of the Special Powers Act has, in express terms, specifically provided for an appeal from the judgment of a Special Tribunal and a special per......d in: 13 BLC (HCD) (2008) 828. ..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ...... by way of appeal.........The petition is dismissed." 18. In the case of Gazi M Towfic Vs. Agrani Bank reported in 54 DLR (AD) 6, where the principle has been laid down in the following terms: "The law is now settled that since specific provision for appeal has been made aga......ion (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgment June 17, 2008. Result: ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ......re of the child which must be the determining factor in deciding the question of custody of child. He argued that their lordship in that case emphasized on the term of welfare to read the same in terms of largest possible sense as meaning that every circumstances must be taken into considerati......) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil and others Vs. Mrs. Sharon La..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....ss the evidence of the domestic inquiry; it only opined that the charge brought against the petitioner was not proved. The High Court Division cannot upset the said finding of the Labors Court in its extraordinary jurisdiction under Article 102 of the Constitution. Considering the facts and cir......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......ent No. 2. Criminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint C..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......he time. The BOD cannot, therefore, decide while fixing the date afresh of the AGMs on 10.1.2008 that the entitlement to dividends and attendance of the AGMs shall continue to be governed by the terms of the previous BOD decision under obviously greatly altered circumstances not the least of w......HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......;Reading all the sections together, sections 8, 9, 10, 12 and 15, it is clear that abatement will take place if the acquiring authority fails to "pay" or "deposit" compensation in terms of section 10 within one year from the date of decision of the Government (which is section 5 ......lip;Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of 2008) Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Writ Petition ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......ent and that both the petitioners were appointed prior to that amendment and that subordinate delegated legislation is always prospective and cannot be given retrospective effect in respect of the terms and conditions of service of the petitioners. 9. Mr. Abdur Razzaq and Mr. Md. Mushfiqur......ioner (In Writ Petition No. 479 of 2007) Suheli Mahmood………………………………………..Petitioner (In Writ Petition No. 5182 of 2007) Vs. Bangladesh Biman Corporation and others…………………………………… Respondents Judgment June 4, 2008. ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ...... against the accused. The complainant vehemently opposes those averments. On pen the petition of complaint, we find that-there is an-averment that the accused failed to pay outstanding instalments in terms of tripartite agreement. Moreover, on the date of occurrence the accused denied also receipt o......ase is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......use Rent Controller, Dhaka 'be void and not binding against the plaintiff’ and also for cancellation of the said documents. The said suit was decreed on 25.12.65 on contest in the following terms: "........That suit be decreed on contest against the defdts with costs. It is hereb......d in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......epayable within six months. Towards the repayment of his three installments, cheques were handed over to the company well in advance. The petitioner did not repay the loan amount pursuant to the terms of reference of the contract. The cheques given in advance having been dishonoured, the petiti......J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
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